Biggs v Matilda’s Diner Castletown [2003] QIRC 54 (2003) 172 QGIG 1868

1868 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 24 April, 2003 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 74 – application for reinstatement Heather May Biggs AND Matilda’s Diner Castletown (No. B593 of 2002) COMMISSIONER EDWARDS 8 April 2003 Reinstatement – Termination of Employment – Dismissal – Non-Compliance with Directions Order – Submissions Received – Matter Relisted. DECISION By application filed on 8 April 2002 Heather May Biggs (the applicant) applied for reinstatement to her former position with Matilda’s Diner Castletown (the respondent). The matter was listed for call-over on 3 December 2002. A Directions Order was issued on 4 December 2002. On 7 February 2003 the respondent forwarded correspondence advising they were unable to locate the applicant and sought the application be dismissed. Following receipt of this correspondence and as there was non-compliance with the Directions Order, the Commission listed the matter for mention on 12 February 2003 at which time the Commission requested the applicant or her agent to forward submissions in relation to item 9 of the Directions Order within 21 days. -- 1 of 2 -- 24 April, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1869 On 5 March 2003 the Commission received a submission from Mr O’Donnell on behalf of the applicant. In view of the contents of the submission from Mr O’Donnell, the Commission will relist the matter for mention at the Townsville District Court, 31 Walker Street, Townsville at 1.00 p.m. on Tuesday 22 April 2003. Dated 8 April 2003. K.L. EDWARDS, Commissioner. Hearing Details 2003 12 February Appearances: Ms H.M. Biggs on her own behalf. Mr D.Wharton on behalf of the respondent. Released: 8 April 2003 Ma 5 rch (Written Submissions received) -- 2 of 2 --